Kennedy Wrong About Torture

By Richard Bell, Daily Kos

Has our country really sunk so low that the best legislative action that the Democratic Senate can come up with is a bill to better define torture?

If such a pathetic response is taken to be the answer to the crisis of executive branch criminality facing our nation, then the cause of freedom in the United States is truly doomed.

That Schumer and Feinstein, senior senators from the Democratic Party, would so eagerly gulp down the lies coming from Bush, Cheney, and Cheney's truly evil advisor David Addington, lies parroted through the feeble lips of Judge Mukasey, beggars the imagination of anyone who cares about freedom.

There's no debate that waterboarding is torture; there's no need to pass any more legislation. Everyone in the world knows, and has known for hundreds of years, that waterboarding is torture.

Because of Feinstein and Schumer's craven betrayal of our country, and their betrayal of the innocent victims of torturers everywhere in the world, the Judiciary Committee of the United States Senate is now on record as accepting torture, as already defined under international law, as the policy of the United States government. And according to all reports, the Democratic-led Senate will soon approve Mukasey. No Senator is even murmuring about a filibuster.

I have never felt more ashamed of my country, or of the party for which I have worked so hard over the years.

Now comes Senator Kennedy with his bill (S.1943)that will, among other things, prohibit the use of waterboarding.

In some other time, in some other place, such a bill might be meaningful. But at this time, in this place, this bill is worse than useless. Debating this bill will only distract the public and the Congress from dealing with the utter lawlessness of this president and his administration.

The United States government has become a criminal enterprise, one that has adopted torture as state policy. If Senator Kennedy wants to lead, he should be calling for the immediate impeachment of both Vice President Cheney and President Bush.

We cannot have a free country in which our elected leaders are willing to torture. Passing laws about what is, and what is not, torture, is too little, too late. Bush and Cheney have shown that they have complete contempt for those of us who believe that our country should be governed by the rule of law.

Bush and Cheney can always have their "lawyers" write them another memo or two, or throw in a signing statement (if the Congress should, through some miracle, pass Kennedy's bill over Bush's veto), and continue on their merry way to the secret prisons of the CIA and the torture dens of rendition countries.

At this juncture, it is too late to write any more laws. No law ever written will restrain the criminals who are now in charge of our government.

It's time for the Senators and Representatives who want to save this nation from tyranny to do one thing, and one thing only: impeach these torturers as soon as possible, and insist that their successors understand that the days of the "unitary executive" are history. Everything else--SCHIP, global warming, Social Security--amounts to nothing if we have lost our freedom and the decent respect of the rest of the world's peoples.

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Kennedy

I think that while calling for impeachment is necessary, making sure that there's no doubt waterboarding is torture is absolutely critical.

Kennedy said he thinks it's stuipid that COngress has to pass a law about this, but I would rather they passed it than there continues to be any debate about this.

I disagree: Kennedy is Right!

Sure the 4th Amendmant supposedly bans all "cruel and unusual punishment" already.

Sure, the Geneva Conventions already ban torture and define all "mock executions" as such - which waterboarding definitely is.

Sure, the US Senate ratified the Geneva Conventions in 1954 UNAIMOUSLY and Pres. Eisenhower signed the treaty and Art 6 of the Constitution says all ratified treaties are "the supreme law of the land" (i.e. fully enforceable US federal law)

Sure, Japanese soldiers after WWII and many others have already been convicted under US & Int'l law of torturing prisoners by waterboarding

And, Sure the Senate passed the McCain Anti-Torture bill last year that Bush signed...

BUT... is this fight about making SURE this doesn't happen again by any US official OR is it just about shaming Bush about what he's done and scoring political point!

I SAY: No reason Senate couldn't act to do BOTH!

HERE'S WHAT I WOULD DO:

1) Hold off on Mukasey vote in full Senate
2) Pass Kennedy's bill or something like it.

Example of bill I'd like to see passed by Senate:

"A) Pursuant to.... (all the legal reasons I just cited above)... it is the opinion of the Senate that waterboarding IS TORTURE and has always been illegal in the United States or by any American officials.

B) This bill shall modify the McCain anti-torture bill by adding the following Appendix.
APPENDIX X

The list of banned interrogation methods that constitute TORTURE (and are therefore illegal under US and Int'l Law) INCLUDES (BUT IS NOT LIMITED TO):

The Rack
Thumbscrews
Searing with a hot poker
Iron Maiden
Waterboarding
Flogging... etc."

3) Pass this bill in the Senate and then demand that Bush sign it or else MUKASEY WILL NOT BE VOTED ON!

THAT IS WHAT THE SENATE SHOULD DO (and WOULD DO if we had real leadership there with some spine)!

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